The Branch Mananger v. Dhanalakshmi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Second day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD)Nos.12132 & 12133 of 2019 in CMA(MD)SR.Nos.53760 & 53761 of 2018 THE BRANCH MANANGER, RELIANCE GENERAL INSURANCE COMPANY LTD, NO.55, 80 FEET ROAD, ANNA NAGAR, MADURAI-625 020.
... PETITIONER/APPELLANT IN BOTH THE PETITIONS Vs 1 DHANALAKSHMI 2 EBANEZER ASHOK KUMAR 3 SRIRAM GENERAL INSURANCE COMPANY LTD, HAK ROAD, LADY DOAK COLLEGE Ist GATE, NEAR ICICI BANK, CHINNASOKIKULAM, MADURAI.
4 S.SELVARAJ 5 E.RENGARAJAN 6 M/S.UNITED INSURANCE COMPANY LTD, DOOR NO.123A, 2ND ROAD, MAYILADHURAI-609 001. ... RESPONDENTS/RESPONDENTS IN CMP(MD)No.12132 of 2019 in IN CMA(MD)SR.No.53760 of 2018
1. R.A.ARAVINTH
2. A.KANNAPPAN
3. T.PUNITHAM
4. EBANEZER ASHOK KUMAR 5.SRIRAM GENERAL INSURANCE COMPANY LTD, HAK ROAD, LADY DOAK COLLEGE Ist GATE, NEAR ICICI BANK, CHINNASOKIKULAM, MADURAI.
6. S.SELVARAJ 1/3
7. E.RENGARAJAN
8. M/S.UNITED INSURANCE COMPANY LTD, DOOR NO.123A, 2ND ROAD, MAYILADHURAI-609 001. ... RESPONDENTS/RESPONDENTS IN CMP(MD)No.12133 of 2019 in IN CMA(MD)SR.No.53761 of 2018 Prayer CMP(MD)Nos.12132 & 12133 of 2019 in CMA(MD)SR.Nos.53760 & 53761 of 2018 :
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 167 days in filing the above Civil Miscellaneous Appeal before this Honourable Court as against the award passed in MCOP Nos.302 and 304 of 2013 respectively on the file of the Motor Accident Claims Tribunal, Special Court (Incharge), Madurai.
Prayer in CMA(MD)SR.Nos.53760 & 53761 of 2018: To set aside the Judgment and decree dated 12.12.2017 passed in M.C.O.P.Nos.302 and 304 of 2013 respectively on the file of the Motor Accident Claims Tribunal, Special District Court(Incharge), at Madurai and allow the present Civil Miscellaneous Appeals. ORDER : These petitions coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.K.GOKUL, Advocate for the petitioner in both the petitions and of Mr.M.MURUGAPOOPATHY, Advocate for the 1st Respondent in CMP(MD)No.12132 of 2019 and Resondents 1 to 3 in CMP(MD)No.12133 of 2019 and of Mr.V.SAKTHIVEL, Advocate for the 3rd Respondent CMP(MD)No.12132 of 2019 and 5th Respondent in CMP(MD)No.12133 of 2019 and of Mr.ROYCE IMMANUEL, Advocate for 6th Respondent in CMP(MD)No.12132 of 2019 and 8th Respondent in CMP(MD)No.12133 of 2019, the Court made the following order:- These petitions have been filed by the petitioner seeking to condone the delay of167 days in filing the above Civil Miscellaneous Appeals.
2.Considering the reasons stated in the affidavit filed in support of the petitions and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.2,000/- (Rupees Two Thousand only), (Rs.1,000/- to each petitions) to the Legal Aid Service Authority, attached to this Bench, within a period of two weeks from the date of receipt of a copy of this order, failing which, these petitions shall stand dismissed automatically without any further reference to this Court. These petitions are ordered, accordingly.
2/3
3.In the event of payment of cost, the Registry is directed to number the appeals, if the papers are otherwise in order and list the same "for admission" forthwith.
sd/- 22/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE SPECIAL DISTRICT JUDGE (INCHARGE), MOTOR ACCIDENT CLAIMS TRIBUNAL, MADURAI.
COPY TO:
THE AUTHORISHED OFFICER, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD)Nos.12132 & 12133 of 2019 in CMA(MD)SR.Nos.53760 & 53761 of 2018 Date :22/02/2021 GNS AE/VR/SAR-I (25/02/2021) 3P / 3C 3/3